(1)Unless expressly empowered to do so under any provision made by or under this Act or any other enactment for the time being in force, a person shall not fish for, take or kill salmon, eels or any freshwater fish except under the authority of a [F2fishing licence] issued pursuant to [F3regulations] made under this Act and in accordance with the terms and conditions of that [F2fishing licence] and of the [F3regulations] relating to it.
(2)Unless expressly empowered as mentioned in subsection (1), a person shall not have in his possession in or near any fishing place any fishing engine for the taking or killing of salmon, eels or freshwater fish which is erected or in fishing order, unless there is in force a fishing licence by or by virtue of which he is authorised to use that fishing engine at that place.
(3)Subject to section 43, any person who acts, or causes or permits any other person to act, in contravention of subsection (1) or (2) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—
(a)where such contravention consists only of the unlicensed but otherwise lawful use or possession of a rod and line or hand line, [F4 £200]; and
(b)in any other case, [F4 £500].
[F5(4)Nothing in this section shall apply to a person—
(a)who fishes lawfully by rod and line in a production pond at a fish farm operated by the holder of a fish culture licence granted under section 11; or
(b)who has for that purpose in his possession a rod and line at or near a fish farm.
(5)In subsection (4)(a) "production pond" means a pond—
(a)used for the artificial propagation and culture of fish, and
(b)designated for the purposes of this subsection as a production pond in a fish culture licence granted under section 11.]
[F6(6)In this section “fishing licence” means a fishing licence issued under Part III or a fishing licence issued by the Foyle, Carlingford and Irish Lights Commission under regulations made by the Commission under the Foyle Fisheries Act (Northern Ireland) 1952.
(7)In relation to a fishing licence issued by the Foyle, Carlingford and Irish Lights Commission, the reference in subsection (1) to [F3regulations] shall be construed as a reference to regulations made by the Commission under the Foyle Fisheries Act (Northern Ireland) 1952.]
F2Words in s. 41(1) substituted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 34(1), Sch. 2 para. 2(6)(a) (with art. 32); S.R. 2008/232, art. 2, Sch.
F3S. 41(1)(7): word in Act substituted (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 7(1), Sch. 1 Pt. 2 para. 3(1)(c) (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(a)(b)
F6S. 41(6)(7) added (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 34(1), Sch. 2 para. 2(6)(b) (with art. 32); S.R. 2008/232, art. 2, Sch.